Terms & Conditions

Last Updated: March 14, 2024

PREAMBLE

Application and Acceptance

These Terms govern your access to and use of the Products and Services provided by Blockscout. By accessing or using the Products or Services, connecting your Wallet, registering an Account, or by clicking the button “I accept” or respective check box in connection with or relating to these Terms, you acknowledge that you have read, accept without modifications and agree to be bound by these Terms and all terms incorporated herein by reference, which form a legally binding agreement between you and us. If you do not accept or agree to these Terms, you are not allowed to access or use any Product or retain any Service, and must immediately discontinue any use thereof. If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms and enter into a binding agreement with us on such entity’s behalf, and you accept these Terms both on behalf of such entity and on your own behalf.

Services Agreements

In certain cases, your access to and use of the respective Products or Services will be further governed by the Services Agreements between you and us. Such Services Agreements shall be in addition to these Terms and not in lieu thereof. In case of any conflict between these Terms and any Services Agreements, (i) the Services Agreements shall prevail with respect to their respective subject matter, and (ii) these Terms shall prevail with respect to any other subject matters.

Definitions

Definitions of capitalised terms used herein are provided in Section 18 below.

Important

Please read these Terms carefully as they affect your obligations and legal rights. Note that Sections 14 and 15 contain provisions governing the choice of law, dispute resolution terms and class action waiver. Please read and review Sections 8-11 carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify the Blockscout Parties, and contain a disclaimer of warranties as well as other important disclaimers with regard to the Products and Services.

MODIFICATION

We may modify, supplement or update these Terms from time to time at our sole and absolute discretion. If we make changes to these Terms, we will notify you of such changes by updating these Terms and the “Last Updated” date at the top of this document. We may further provide you with an additional notification of the amendment via one of the Communication Channels. Unless otherwise notified by us, updated Terms shall be effective immediately, and your continued use of the Products or Services will confirm the acceptance of such updated Terms. If you do not agree to any amended Terms, you must immediately discontinue any access to or use of the Products and Services.

ELIGIBILITY

Eligibility Requirements

To be eligible to access and use the Products or Services, you must: (i) be able to form a legally binding agreement with us on the terms herein set forth; (ii) neither be a Prohibited Person nor use the Products or Services for the benefit of a Prohibited Person; (iii) if individual, be at least 18 (eighteen) years of age, or of such higher age required to enter into a binding agreement with us on the terms set out herein according to the laws of the jurisdiction where you reside; (iv) if an individual who is acting for or on behalf of an entity, (a) be duly authorised by such entity to act on its behalf for the purpose of entering into these Terms; and (b) represent and warrant that the entity is duly registered and validly existing under the laws of the jurisdiction where it is established; and (v) comply with these Terms.

Failure to Comply with the Eligibility Requirements

If you determine that you do not meet any of the aforementioned eligibility requirements, you must immediately suspend your access to and use of the Products and Services until the respective restricting circumstances cease to exist.

LICENCE AND PROPRIETARY RIGHTS

Ownership

You do not receive any rights, title, or interest in or to the Intellectual Property other than as may be expressly granted by us in writing. We and the respective rights holders reserve the right to prohibit any use of the applicable Intellectual Property at any time. You may not obscure, remove or alter any marks or notices used within or in connection with the Products. Any rights not expressly granted to you under the Licence and/or applicable FOSS Licences are reserved by us, respective Affiliates, and/or relevant rights holders.

Licence

Subject to your compliance with these Terms, we hereby grant you the Licence. The Licence will remain effective until terminated, which shall occur upon the earlier of: (i) these Terms terminate or expire; or (ii) you violate these Terms; or (iii) we choose to terminate the Licence at our sole and absolute discretion, with or without reason.

FOSS Licence

To the extent that certain items or components of the Products are being distributed under a FOSS Licence, such items and components will not be covered by the Licence granted hereunder and will be provided to you under the terms and conditions of the applicable FOSS Licence.

Compliance

Your access and use of the Products shall not violate the terms of the Licence and/or FOSS Licences, if and as applicable.

Feedback

By providing Feedbacks in relation to the Products or Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, worldwide licence (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, commercialise, create derivative works from your Feedback and the right to assign these rights to third parties in whole or in part. We may use, reproduce, disclose, make publicly available and otherwise exploit any of your Feedbacks at our sole discretion, without restrictions or any obligations to you.

PRODUCTS AND SERVICES

Services

Provision of the Services shall require a separate agreement between you and us, and shall be conditional upon entering into the respective Services Agreements.

Explorer

The Explorer is essentially an analytical tool allowing users to keep track of Digital Assets, smart-contracts, Wallet balances and access certain data about blockchain transactions. The Explorer and its Underlying Infrastructure are open-sourced and can be reviewed and verified by anyone (subject to the terms of the applicable FOSS Licence). You should always do your own thorough research before interacting with the Explorer and/or its Underlying Infrastructure, and any use thereof shall always be at your own risk.

DAppscout Apps Marketplace

The DAppscout Apps Marketplace may from time to time provide access to certain Third-Party Products. Anyone may submit a Third-Party Product for review to the DAppscout Apps Marketplace. We reserve the right at any time, acting at our sole and absolute discretion, to (i) reject any Third-Party Product, with or without any reason, and without notice and any liability whatsoever; (ii) limit the number of Third-Party Products displayed on the DAppscout Apps Marketplace; (iii) remove your Third-Party Product from the DAppscout Apps Marketplace; (iv) establish and introduce certain requirements and criteria applicable to the Third-Party Products or you as a developer or operator thereof; or (v) otherwise change the parameters, requirements or functionality of the DAppscout Apps Marketplace. In each case, the determination of whether to add and display a Third-Party Product on the DAppscout Apps Marketplace shall be made by us at our sole and absolute discretion. Any such determination shall be final, with or without notice to you, and cannot be disputed by you.

WALLETS AND ACCOUNTS

Wallets

When using the Products, you may connect your Wallet through one of the compatible software wallets, such as, for illustration purposes only, MetaMask. The Wallets constitute the Third-Party Services and we are not responsible for, do not endorse, shall not be held liable or responsible in connection therewith. We do not make any warranties, whether express or implied, as to the Wallets used by you in connection with the Products or otherwise. When using Wallets, you should review applicable terms and policies that govern your use thereof.

Accounts

The functionality of the Explorer enables you to create Accounts to personalise your use thereof. To register for an Account you need to go to the registration page within the Explorer on the respective supported blockchain network of your choosing, and follow the instructions provided thereon. You hereby acknowledge and agree that we may suspend or terminate any of your Accounts at any time, regardless of reason, without notice and any liability whatsoever.

Security

We never receive access to or control over your Wallets or Digital Assets held in such Wallets. You are solely responsible for securing your Digital Assets, Wallets, Accounts and Credentials thereto. You should not disclose your Credentials to any third person and allow any third person to access your Wallets and/or Accounts. You will be solely responsible for any use of your Wallets, Accounts and Credentials thereto, as well as their confidentiality. You remain responsible for any acts or omissions of your Accounts and all transactions carried out via your Wallets or using Credentials thereto. You may disconnect your Wallet from any Blockscout Product at any time. We will not be liable for any losses or damages, including consequential, incidental, or indirect damages, arising from unauthorised use of your Wallets, Accounts or any Credentials thereto, or if you failed to ensure confidentiality of your Credentials.

YOUR WARRANTIES AND REPRESENTATIONS

By entering into these Terms, you expressly represent and warrant to us that:

you have read and understand these Terms, including all documents and items incorporated herein by reference;
you have the necessary authority to accept these Terms, enter into a binding agreement with us, and perform the obligations set out herein;
the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under: (i) any provision of any judgement, decree or order imposed on you by any court or governmental or regulatory authority; and/or (ii) any material agreement, obligation, duty or commitment to which you are a party or by which you are bound;
if you are acting for or on behalf of an entity, (i) such entity is duly incorporated, registered, validly existing and in good standing under the applicable laws of the jurisdiction in which the entity is established, and in each jurisdiction where it conducts business, and (ii) such entity shall be responsible for a breach of these Terms by you or any other employee or agent of such entity, unless you or any other employee or agent of such entity are responsible under the applicable law, and (iii) the acceptance of these Terms shall not result in any breach of, be in conflict with, or constitute a breach or default under any provision of your statutory or organisational documents;
you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with Digital Assets, Digital Asset storage facilities, including Wallets, and distributed ledger technology (blockchain) in general;
any Wallet used by you in connection with the Products is either owned by you, or that you are validly authorised to carry out actions using such Wallet;
any funds or Digital Assets used by you in connection with the Products and/or the Services are from legitimate sources and were lawfully acquired;
you are not a Prohibited Person nor use the Products and/or the Services for the benefit of a Prohibited Person;
you acknowledge and agree that we do not act as your agent or fiduciary, and that we do not control or custody your Digital Assets or other funds in any manner;
accessing and/or using the Products is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject, and your access to and use of the Products shall be in full compliance with all applicable laws;
you will comply with and bear sole responsibility for any tax obligations applicable to you and arising in connection with your use of the Products and/or the Services, as well as any transactions made in connection therewith;
you acknowledge that the use of the Products and/or the Services may not be profitable, fit for a particular purpose, or be suitable for you;
you will carefully evaluate, check, and verify any Third-Party Content before you use it or rely upon it in any manner;
your use of the Materials is at your own risk, and you shall not make any decisions based solely on the Materials, and shall conduct your own substantial research and analysis before making any decision; and
all of the above representations and warranties are true, complete, accurate, and non-misleading from the time when you accept these Terms, and for the whole period of your use of the Products and/or the Services.

PROHIBITED USE

You agree that you shall not conduct or participate in any of the following activities when accessing or using the Products or Services, or in connection with such access or use:

disrupting, interfering with, or inhibiting other users from using the Products or Services, Third-Party Services, or carrying out activities that could disable, impair, or harm the functioning of the Products, Services, Third-Party Services, servers, or underlying software;
using the Products or Services for any illegal purposes;
without prejudice to the terms of the FOSS Licences, circumventing or attempting to circumvent any access or functionality restrictions or limitations with respect to the Products using malware, harmful code or software, undertaking hacker attacks or similar activities;
taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach on or of the Products;
uploading or transmitting any viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products, Third-Party Services, servers, or underlying software;
use the Products, Services or related information for any purpose that is harmful or detrimental to us, Affiliates, the Products, Services, Third-Party Services, or other users of the Products or Third-Party Services;
violating any rights of any third person, including trademark or intellectual property rights;
subject and without prejudice to the terms of the applicable FOSS Licences, copying, reproducing, or cloning any Product as a whole, or duplicating its essential elements without our prior written consent; or
carrying out any other unlawful activities, or activities that violate any applicable regulations, rules, orders, etc.

OUR WARRANTIES AND REPRESENTATIONS

Services

Blockscout makes no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, integration, merchantability, fitness for a particular purpose or any warranties implied by any course of performance or usage of trade, with respect to the Services, except for the implied warranty to render the Services with reasonable care and skill, which shall be in lieu of any other representations and warranties hereunder, all of which are expressly disclaimed and denied.

Products

You are solely responsible for determining whether to use the Products, as well as for the use thereof and any losses, damages and other consequences arising from such use. Blockscout makes no warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, integration, merchantability, fitness for a particular purpose or any warranties implied by any course of performance or usage of trade, with respect to the Products, all of which are expressly disclaimed and denied. The Products are provided on an “as is” and “as available” basis. In particular, we do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that:

any Product will work as expected or represented;
any Materials with respect to the Products will be timely, accurate, reliable, true or correct;
the Products will be secure, uninterrupted, or available at any particular time or place, or will continue working, operating or functioning for any period of time;
any Product will meet your expectations and/or fit for a particular purpose, or that use of any Product will be profitable, beneficial or suitable for you;
any defects, flaws, bugs or errors in the Products will be corrected or fixed;
any particular Digital Assets or blockchain networks will be supported within the Products, or will be available at any particular time or place, or available at all;
any Product will be supported, further developed, operated, and not abandoned; or
the Products and/or related software will be free of viruses, bugs, trojan horses, defects, flaws, malfunctions, or other harmful components, or properly protected from hacker, malware or other attacks, or third-party hostile interferences.

IMPORTANT DISCLAIMERS

Materials

No part of the Materials is intended to be, or should be considered or construed as, business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such Materials relates. Before making the decision to use the Products or Services, and carry out any transactions, you should consult your own legal, financial, tax, or other professional advisors regarding any such information, including whether purchasing, selling, holding, or carrying out any other transactions with respect to any Digital Assets or other funds is suitable for you. In each case, you shall solely make an informed decision whether to rely on any Materials, and/or sell, buy, hold or otherwise transact with the Digital Assets relying thereon. We shall not be responsible for the accuracy, completeness or timeliness of the Materials, therefore any use of or reliance thereon will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom.

No Custody

We do not provide nor intend to provide any custodial or similar services, custodial solutions or software, do not act as your agent or representative, and do not control, manage, or custody any of your Digital Assets or Wallets. Blockscout Parties hereby explicitly disclaims any ownership or control over any of your Digital Assets and/or Wallets, and are unable to access, withdraw, or manage them in any way.

No Solicitation

These Terms, Products, Services and any Materials do not constitute and are not intended to constitute an offer of securities, financial instruments, Digital Assets, or a solicitation for investment in or purchase of securities, financial instruments, or Digital Assets in any jurisdiction, nor is it intended to constitute a prospectus or offer document of any type. Nothing contained herein or in the Materials shall be construed as recommendation, endorsement or solicitation to use any Product or the Services, or carry out any transaction, involving the Digital Assets. Any access or use of the Products or Services shall always be at your own risk and discretion.

No Fiduciary Relationship

The Products and these Terms are not intended to create or impose any fiduciary duty on us with respect to you. Notwithstanding anything to the contrary contained in these Terms, to the maximum extent permitted by the applicable law, we shall owe no fiduciary duties to you, provided, however, that we shall have the duty to act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing to the extent required by the law.

No Broker or Fund Manager Relationship

Blockscout is not your broker, fund manager, or any intermediary to any broker or fund manager. Nothing contained in these Terms shall be considered as a broker, financial advisory and/or fund management services, or any intermediation services thereto.

Explorer

The Explorer derives information about blockchain transactions, blocks, smart-contracts, address balances and other data from the blockchain network(s) and related software in an automated manner, which means that such information is not verified or checked manually. We make no warranty, whether express or implied, that any such information is correct, complete, up-to-date, accurate or sufficient. In each case, you should solely evaluate whether to use or rely on any information made available through or in relation to the Explorer. You shall always do your own thorough research before making any decision.

Third-Party Products

We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Products. Nothing contained herein or in the Materials, including the fact that any Third-Party Product is developed by relying on or with the use of the Underlying Infrastructure, shall be construed as our endorsement, recommendation, or solicitation to use any Third-Party Products, and you hereby acknowledge and agree that any use of such Third-Party Products shall always be at your own risk and discretion. We are not a developer, manager, or operator of any Third-Party Product, and have no influence on or control over the Third-Party Products, their development, functionality and/or performance. We make no warranties or representations of any kind, express or implied, with regard to any Third-Party Product, including that the Third-Party Product will be developed, continue its operations, or carry out any other activities. Any use of the Third-Party Product will be governed by the respective documentation and agreements, and we encourage you to read the respective documentation and agreements before using any Third-Party Product.

Third-Party Content and Services

When using the Products, you may view or interact with the Third-Party Content and Third-Party Services. We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Content or Third-Party Services, do not endorse, recommend or solicit to use, and are not responsible for any such Third-Party Content or Third-Party Services, as well as any information, materials, content, services or tools on or available through such Third-Party Content or Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Content or Third-Party Services, and your interactions with third parties that are linked to or from the Products, are at your own risk. To the maximum extent permitted by the applicable law, in no event shall we be responsible for or held liable in connection with any loss or damage of any sort incurred by you as the result of, or in connection with accessing or using any Third-Party Content or Third-Party Services.

Digital Assets

We do not provide or make any representations or warranties of any kind with respect to the Digital Assets, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. You hereby acknowledge and agree that the Digital Assets may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. Any receipt, storage, use, and disposition of the Digital Assets shall always be at your own risk.

LIMITATION OF LIABILITY

Limitation of Liability

To the maximum extent permitted under the applicable law, in no event shall:

The Blockscout Parties be liable or responsible for any indirect, punitive, exemplary, incidental, or consequential damages of any kind, nor shall they be liable for the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) these Terms or their violation, (ii) the use or inability to use the Products or Services, and/or (iii) the failure of the Products to perform as represented or expected, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless of whether any Blockscout Party has been advised of the possibility of such damages;
Blockscout’s or Affiliates’ respective officers, directors, employees, consultants and shareholders be held personally liable in connection with (i) these Terms or their violation, (ii) the use or inability to use the Products or Services, and/or (iii) the failure of the Products to perform as represented or expected, provided that this item “b” shall not limit our liability as an entity;
the Blockscout Parties be responsible for or held liable in connection with any inaccuracy, error, delay in, or omission of any Materials, or your reliance on or use of the information provided in the Materials; and
the aggregate liability of the Blockscout Parties to you for all damages and losses whatsoever arising out of or in connection with these Terms, their undue performance or violation, the Products, Services, and use or inability to use thereof, exceed, whichever is greater, (i) the aggregate amount of Fees actually received by Blockscout from you over the last three (3) months preceding the date of the event which lead to such liability, or (ii) USD $1000 (one thousand U.S. dollars) or equivalent.

Exclusion of Liability

In no event shall the Blockscout Parties be responsible for or held liable in connection with any products, services, software or technical infrastructure which they do not control, manage, or operate, or occurrence of any events or other circumstances that are beyond their control, as well as consequences thereof. Accordingly, to the maximum extent permitted under the applicable law, in no event shall the Blockscout Parties be responsible for or held liable in connection with:

any damages or losses of any kind, whether direct or indirect, special, punitive, exemplary, incidental, or consequential, nor shall the Blockscout Parties be responsible for or held liable in connection with the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) the underlying blockchain network(s) of the Products and your use or inability to use thereof, (ii) the Digital Assets, including your acquisition, storage, transfer, use of, or inability to transfer or use thereof, and/or (iii) any failure of the underlying blockchain network(s) of the Products or Digital Assets to perform as represented or expected, in each case whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, and regardless of whether any Blockscout Party has been advised of the possibility of such damages or losses;
any damages or losses arising out of or in connection with a hacker attack, phishing attack, malware attack, viruses, or trojan horses, whether affecting or transmitted via the Products or otherwise, or any other unauthorised third-party intervention in the operation thereof;
any loss or damage of any sort incurred by you as the result of, or in connection with your use or reliance on any information derived from the blockchain network(s) and related software, and made available to you through the Explorer as well as any consequences of your decisions made by using or relying thereon, including possible losses and damages;
the Third-Party Services or Third-Party Content, in each case including for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption; and
any loss or damage caused by or arising from the Force Majeure Circumstances.

Waiver

You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover the damages listed above in this Section 10 from the Blockscout Parties and/or persons specified above.

Exceptions

Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted by the applicable law. Notwithstanding anything to the contrary contained therein, these Terms do not limit our liability for fraud, intentional misconduct, gross negligence, death or personal injury arising from negligence.

INDEMNIFICATION

To the fullest extent permitted under the applicable law, you shall indemnify, defend, and hold harmless the Blockscout Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable professional and legal fees) that arise from or relate to (i) your violation of these Terms, including making untrue or false representations or warranties, (ii) your access to or use of the Products or Services, and (iii) exercising, enforcing, or preserving our rights, powers or remedies (or considering doing so) with respect to you in connection with these Terms. We reserve the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in this Section 11. The indemnity set out in this Section 11 is in addition to, and not in lieu of, any other remedies that may be available to us under the applicable law.

UPDATES, AVAILABILITY, AND ACCESS

Updates and Modifications

We may from time to time and without prior notice make certain updates, improvements, or modifications to the Products, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, or service features, and we shall not be in any case held liable with respect to any such update.

Availability

The Products may be inaccessible or inoperable from time to time for any reason, including, for example, equipment malfunctions, maintenance procedures or repairs, Force Majeure Circumstances, disruptions, sophisticated hacker or malware attacks, and temporary or permanent unavailability of the underlying software or blockchain infrastructure, and/or unavailability of the respective Third-Party Services. In the aforementioned cases, the access or use of the Products may be prevented or limited without notice. We do not warrant or guarantee that the Products will operate and/or be available at all times without disruption or interruption, or that the Products will be immune from unauthorised access, bug-, virus-, or error-free. Notwithstanding anything to the contrary contained herein, we may, at any time and at our sole and absolute discretion, without prior notice and liability, terminate or discontinue the Products or any of their components.

Access to the Products

If technically possible, we may limit, suspend or restrict access to the Products or any of their components with immediate effect and without notification and liability, regardless of reason, including if we, acting at our sole discretion, determine that (i) you have violated or may likely violate these Terms, applicable laws or regulations; or (ii) you or your actions create or may create legal exposure for us, Affiliates, or the Products; or (iii) you are or likely to be a Prohibited Person or act on behalf of a Prohibited Person. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way. You hereby agree that we may install and utilise certain software, solutions and/or tools (for example, geo-blocking solutions) allowing us to identify users from the Prohibited Jurisdictions or certain restricted jurisdictions, or those who have violated these Terms or the laws, and restrict their access to and use of the Products.

ASSOCIATED COSTS

Fees

We may charge you certain Fees in connection with your use of the Products or Services. The Fees shall be paid and transferred to us in such amounts and form, and on such terms as set forth in the Services Agreements, if any, or as may be otherwise communicated by us. Unless otherwise stated in the Services Agreements, the Fees may be reviewed and updated from time to time at our sole and absolute discretion. You hereby agree and acknowledge that it is your sole obligation to review the applicable Fees each time you access the Products. If you do not agree to any Fees, you reserve the right to discontinue any access to or use of the Products at any time.

Third-Party Costs

When you conduct transactions through or in relation to the Third-Party Services certain Third-Party Costs may arise. You shall solely bear all such Third-party Costs, and we are not responsible for nor be in any way liable in connection with any such Third-party Costs.

Taxes

You are solely responsible for determining what, if any, Taxes apply to your activities and any transactions carried out on or in relation to the Products or Services. It is also your responsibility to withhold, collect, report, and remit all applicable Taxes to the appropriate tax authorities, and we are not responsible for withholding, collecting, reporting, or remitting any such Taxes. The Blockscout Parties will not bear any liability or responsibility with respect to any tax consequences to you associated with or arising from any transactions carried out on or in relation to the Products or Services.

APPLICABLE LAW

Without prejudice the mandatory provisions of the applicable law, these Terms, as well as any and all relationship between you and us relating to the Products, Services or any transaction contemplated in these Terms shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

DISPUTES RESOLUTION

Informal Dispute Resolution

For any Dispute that you have against us or relating in any way to these Terms, the Products, or the Services, you shall first contact us and attempt to resolve the Dispute informally by sending a Notice to us via email at info@blockscout.com.The Notice must include your name, residence address, email address and telephone number, describe the nature and basis of the Dispute and set forth the specific relief sought. If we and you cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either, you or we, without prejudice the mandatory provisions of the applicable law, may submit the dispute to the binding arbitration administered by the VIAC, in accordance with the terms set forth in this Section 15. Binding arbitration is the referral of a Dispute to a qualified person(s) who will review the Dispute and make a final and binding determination, by making an order, to resolve the Dispute.

Waiver of Court Proceedings and Jury Trial

Except for any Disputes in which either we or you seek injunctive or other equitable relief for the alleged unlawful use of Intellectual Property, you and we hereby waive your and our respective rights (i) to have any Dispute arising from or related to these Terms, the Products, and the Services resolved in a court, and (ii) to a jury trial.

Binding Arbitration

Unless otherwise expressly outlined in these Terms, any Disputes arising out of or in connection with these Terms, the Products or Services, including any question regarding the existence, validity, or termination of these Terms, shall be referred to and finally resolved by the binding arbitration under the the Rules of Arbitration (Vienna Rules) of the VIAC of the Austrian Federal Economic Chamber. There shall be one arbitrator. The award rendered by the arbitrator shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. The seat or place of arbitration shall be Vienna, the Republic of Austria. The arbitration shall be conducted and the award shall be rendered in English. The parties shall keep confidential all matters relating to the arbitration or court proceedings to the greatest extent practicable. You will not and hereby waive your rights to object to the arbitration prescribed herein.

Confidentiality

Unless otherwise required by the applicable law, and to the maximum extent permitted and possible, you, Blockscout, and the arbitrators shall maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Disputes. Unless prohibited under the law, the arbitrator will have the authority to make appropriate rulings to safeguard confidentiality.

No Class Arbitrations

Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances. There will be no class or other type of representative action, whether within or outside of arbitration where an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.

Statutes of Limitation

To the maximum extent permitted under the law, you and we hereby agree that any claim arising out of or related to these Terms, the Products or Services shall be filed within one (1) year after the ground for such claim arose; if the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor we will have the right to assert such claim.

COMMUNICATION

Communication Channels

You agree and consent to receive electronically all Communications that we provide in connection with these Terms, the Products and Services. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to these Terms. If you provide us with your email address, we may (but will not be obliged to) send Communications to you by email. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.

Contact Details

You may electronically communicate with us by sending Communications to the following email address info@blockscout.com. We may require you to provide additional data or documents that will allow us to identify you.

MISCELLANEOUS

No Waiver

No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Entire Agreement

These Terms, together with any Services Agreements and any documents incorporated herein by reference, contain the entire agreement between you and us, and supersede all prior and contemporaneous understandings, writings, letters, statements or promises between you and us regarding the subject matters hereof. Unless otherwise expressly provided herein, there shall be no third-party beneficiaries hereto.

Personal Data

We collect and process your personal data in accordance with our Blockscout Privacy Notice.

Survival

Sections 8-18 shall survive any expiration or termination of your access to or use of the Products and/or Services, regardless of reason.

Language

Currently, only the English version of the Products’ interface and any Communications is considered official. The English version shall prevail in case of differences in translation of any Materials, Communications, or other content.

Assignability

You shall not assign or transfer any rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, including any rights and obligations hereunder at any time and no such transfer or assignment shall require your additional consent or approval.

Validity and Enforceability

The invalidity or unenforceability of any provision or part-provision of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.

DEFINITIONS AND INTERPRETATION

Definitions

In these Terms, unless the context requires otherwise, the capitalised terms shall have the following meaning:

“Account” means an account registered with the Explorer.
“Affiliate” means a person controlling, controlled by, or under the same control as Blockscout.
“Blockscout”, “we”, “us”, “our” means Blockscout Limited.
“Blockscout Parties” means Blockscout, its Affiliates, their respective shareholders, directors, officers, employees, agents, advisors, contractors, and assignees.
“Communications” means any communications, agreements, documents, receipts, notices, and disclosures related to these Terms.
“Communication Channels” means the Website, our X (Twitter) account as well as the Discord server. Links to our Communication Channels are provided on the Website.
“Credentials” means the data that can be used to access, and manage your Wallets and/or Accounts, including username, passwords, seed phrases, private cryptographic keys, signing keys or any other type of keys, PINs, etc.
“Digital Assets” means digital cryptographic tokens of any kind, including cryptocurrencies, implemented on blockchain, such as, for example, Ether (ETH), USD Tether (USDT), etc.
“Dispute” means any dispute, claim, suit, action, causes of action, demand, or proceeding.
“Explorer” means Blockscout blockchain explorer, as further described in the Materials, that is operated by us. This does not include blockchain explorers, including those based on the technology that is the same or similar to the Explorer, that are operated by third parties.
“Feedback” means any comments, suggestions, recommendations, or other feedback, provided by you in connection with or relating to the Products or Services.
“Fees” means certain fees charged by us in connection with the Products and/or Services.
“FOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code.
“Force Majeure Circumstances” means any circumstances that are out of our control, which include, without limitation, (i) fire, flood, hostility, pandemic, the act of God, explosion, strike, (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions and operations, (iii) epidemic, pandemic, insurrection, riot, labour dispute, accident, (iv) sanctions, government actions, embargoes, (v) injunctions, cease and desist orders, restraining or similar orders, other actions of a court, governmental or other authorities, (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, other technologies used in connection with the Products, 51% attacks or similar attacks on Digital Assets’ underlying blockchain networks; (vii) loss or theft of Digital Assets or other funds, including as a result of a hacker, malware, or other attack or third-party hostile interference; (viii) actions, failures to act or inactions of Third-Party Service providers or other third parties; (ix) system interference and/or destruction by any malicious programs; (x) power failure, equipment or software malfunction or error; and (xi) other circumstances beyond our control interfering the performance hereof.
“Intellectual Property” means any names of services and products, logos, trademarks and other marks, copyrighted content, trade secrets, patents, designs, drawings, pictures etc., which may be demonstrated within the Products, contained in the Materials, or otherwise provided by us or on our behalf.
“Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Products for their intended purposes on the terms set forth herein.
“Notice” means a written notice of your claim to any of the Blockscout Parties.
“Marketplace” means a platform where users may submit Third-Party Products and/or interact with the Third-Party Services.
“Materials” means any information, statements, announcements, data, content and other materials with respect to the Products or Services provided by us or on our behalf, whether through the Communications Channels or otherwise.
“Products” means Website, Explorer, DAppscout Apps Marketplace, Token Approval Tracker, the Underlying Infrastructure and other products developed by Blockscout, as may be introduced in the Materials from time to time.
“Prohibited Jurisdiction” means any of the following jurisdictions and territories: Democratic People’s Republic of North Korea, Islamic Republic of Iran, Republic of Cuba, Syrian Arab Republic, Myanmar, Sevastopol and the Crimea Region of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, and any jurisdiction or territory, in which the use of the Products is prohibited by applicable laws or regulations, or which is subject to a country-wide or territory-wide sanction imposed by any country, government, or international authority.
“Prohibited Person” means any citizen or resident of, or person subject to jurisdiction of, any Prohibited Jurisdiction, or person subject to any sanctions administered or enforced by any country, government or international authority.
“Services” means certain customised services provided by Blockscout on a case-by-case basis in relation to the Explorer, which may include support, hosting, customised branding or development, maintenance, etc.
“Services Agreements” means any documents, agreements, or other terms, governing your use of certain Products and/or Services, that may be introduced to you by us or on our behalf from time to time.
“Taxes” means any income, earnings, capital gains, sales, use, value-added, or similar tax, arising from your transactions carried out on or in relation to the Products or Services.
“Terms” means these Blockscout Terms & Conditions.
“Third-Party Content” means any content, information, materials and items provided by any third person, other than Blockscout, including (i) the description of, links to or elements of the Third-Party Services, (ii) promotional materials and advertisements, other third-party materials and data, (iii) third-party websites and resources, and links thereto, and (iv) any information produced or derived from Third-Party Services or other third-party sources.
“Third-Party Costs” mean any costs, fees or expenses that are charged by third parties or third-party technologies, including, for example, blockchain gas costs, commissions and fees related to or charged by Third-Party Services.
“Third-Party Products” means any developments, decentralised applications, web interfaces, decentralised protocols, and any other products and projects, developed, launched, and/or offered by any person other than Blockscout or Affiliates, whether based on or with the use of the Underlying Infrastructure or otherwise.
“Third-Party Services” means any third-party websites, applications, software, services, items, and solutions that are not provided by us, such as, for example, Third-Party Products, Digital Assets, Wallets, software or hardware wallets, blockchain smart-contracts, etc.
“VIAC” means the Vienna International Arbitral Centre.
“Wallet” means a pair of public and private cryptographic keys that can be used to track ownership of, receive or spend Digital Assets on a blockchain network.
“Website” means the Blockscout website available at https://www.blockscout.com, including any of its subdomains.
“Underlying Infrastructure” means certain software, technical infrastructure, smart-contracts, modules, Application Programming Interface (API) and other tools used in connection with and developed and/or offered by Blockscout in relation to the Products.
“you”, “your” means the person who accepts these Terms; if you are acting on behalf of an entity, “your” and “you” shall refer to both you as an individual using the Products and/or Services, and the entity on whose behalf you are acting.

Interpretation

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; words in the singular shall include the plural and in the plural shall include the singular; any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; Section headings do not affect the interpretation of these Terms. You hereby agree that a rule of construction does not apply to our disadvantage because we were responsible for the preparation of these Terms.